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Mohammad Zainal Hamdy
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jamiah.duba@gmail.com
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Jl. PP. Darul Ulum Banyuanyar Poto'an Daya Palengaan Pamekasan Madura Jawa Timur 69362, Indonesia
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Syura: Journal of Law
Published by Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan
ISSN : -     EISSN : 29865670     DOI : https://doi.org/10.58223/syura.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to offer an academic platform for cross-border legal research. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, Islamic Law and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 52 Documents
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Regulatory Models for IP Protection of Crafts and Folk Art: Insights from Indonesia and Vietnam Agustianto Agustianto; Intan Triana Putri; Hari Sutra Disemadi; Dwi Fidhayanti; Ratih Anggraini
Syura: Journal of Law Vol. 4 No. 2 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i2.1004

Abstract

The cultural uniqueness of each country is a key driver of tourism development, including through the strengthening of creative cities within the UNESCO Creative Cities Network (UCCN). Indonesia and Vietnam are closely linked in this regard, as both have member cities in the Crafts and Folk Art category. However, the regulatory frameworks for the protection of crafts and folk art in the two countries differ in their structure and degree of normative clarity. This study aims to analyse the similarities and differences in the regulation of copyright, related rights, and geographical indications in Indonesia and Vietnam using Gustav Radbruch’s theory of legal certainty, and to formulate directions for strengthening Indonesia’s legal framework through the responsive law theory of Philippe Nonet and Philip Selznick. This research employs a normative legal method with statute and comparative approaches, relying on library research analysed qualitatively and descriptively. The study finds that although Indonesia and Vietnam both provide legal bases for IP protection of crafts and folk art, Vietnam offers a higher level of certainty regarding protected objects and clearer norms by integrating copyright, related rights, and geographical indications within a single Vietnam IP Law framework, whereas Indonesia’s provisions remain fragmented across several regimes and therefore require further harmonisation. The study also underscores the significance of a responsive law approach, operationalised through the regulatory design delivery inspection model, to connect IP protection, UCCN status, and sustainable creative tourism in Indonesia, so that legal protection becomes not merely formal but genuinely strengthens cultural authenticity and ensures fair economic benefits for cultural bearer communities.
Ijtihad and the Renewal of Islamic Law According to Yusuf Al-Qaradhawi and Ibrahim Hosen in a Contemporary Context Nurkhalis Muchtar; Rakhmawati Rakhmawati
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.1072

Abstract

he proliferation of legal questions arising from advances in science, technology, and globalisation has intensified the need to understand how Islamic jurisprudence responds to modernity. Although previous studies have examined individual scholars or specific methodological instruments, comparative analyses of contemporary frameworks for ijtihad and Islamic legal renewal remain limited. This study aims to examine the principal ideas of Yusuf Al-Qaradhawi and Ibrahim Hosen regarding ijtihad and tajdid, compare their methodological frameworks, and assess their contemporary relevance and applicability. Employing a descriptive qualitative approach, the study uses library research and systematic content analysis of relevant primary and secondary sources. The findings reveal that both scholars regard ijtihad as indispensable for addressing contemporary legal challenges, emphasise mastery of fiqh and usul al-fiqh as essential qualifications, and recognise collective ijtihad when individual expertise is insufficient. Al-Qaradhawi develops six forms of legal renewal and distinguishes between selective and creative ijtihad, whereas Ibrahim Hosen emphasises institutional and governmental dimensions of renewal. The study contributes a structured comparative framework that clarifies the convergence and divergence of both approaches and demonstrates how ijtihad can be systematically developed to respond to contemporary Muslim societies while maintaining Islamic legal principles, contextual relevance, inclusivity, and universal benefit.

Page 6 of 6 | Total Record : 52

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